mobie16r

Tagandbag,you might have told va what your inservice stressors was,but evidently the rocket attacks was the only Inservice Stressor that VA could vertify,and you have to have a vertify stressor to get service connected and you don,t get rating by stressor: Stressor help get you service connected like carlie said,to get a higher rating,you have, to have, medical evidence from your psy that your symptoms is a lot worser than the rating you was asigned,if i was you when i talk with the "DRO" i would tell he/she how those rockets attacks affected me and i would also tell my psy the samething.VA didn't inored what you told them about graves they just cound't vertify it.By the way I was station at "BIEN HOA" AFB as a AF Security Police from Aug 1966 to March of 1968 and i don't recall a "Morgue" there during my Two tours of duty,but i do know there was one in Saigon at "TAN SON NHUT" AFB maybe it was moved to Bien Hoa after i Left. mobie16r

roque,on your rating decision letter,there is a section thats have, :REASON FOR DECISION: It tell you the reason VA denied your disabilities.If you can scan and paste it on this forum, someone will come along and give you some advice on what evidence you need to get your claim granted.WELCOME TO HADIT mobie16r

Tagandbag,the VA definite taken your in-service stressor under consideration,you see a in-service stressor is one of the the three things that it take to get service connected for Post-traumatic stress disorder, not a higher rating.To get a higher rating,your condition need to worsen,if you thank that va didn't give you a rating compare to your condition,this is what i would do (remember i am saying what i would do)i would submit a form 21-4138 and ask va to reconsider my claim and i would get in some kind of ptsd program for counseling and i probably get some counseling by a private psychiatrist of clincal psychologist.when you ask for a reconsideration,your claim will be send back to the same rater and it is faster than a NOD,but if va haven't act on your claim withthan the one year,period you will still have to file a NOD to preserve your original date claim was filed and also that is some good information what Carlie is giving. Good LUCK mobie16r

Purple,i started another topic for personal trauma PTSD mobie16r

17. Developing Claims for Service Connection for PTSD Based on Personal Trauma Introduction This topic contains information on developing claims for service connection for PTSD based on personal trauma. It includes information on · general information about personal trauma · the evidence required to establish service connection · the process for obtaining information from the veteran · the letters to use to obtain information from the veteran · the process for obtaining service records · the problems associated with development · alternative sources for information, and · the process for obtaining police reports. Change Date December 13, 2005 a. General Information About Personal Trauma Personal trauma is an event of human design that threatens or inflicts harm. Veterans claiming service connection for disability due to in-service personal trauma face unique problems documenting their claims. These incidents are often violent and may lead to the development of PTSD. Examples: Rape, physical assault, domestic battering, robbery, mugging, stalking, and harassment. b. Evidence Required to Establish Service Connection To establish service connection for PTSD, there must be credible evidence to support the veteran’s assertion that the stressful event occurred. This does not mean that the evidence actually proves that the incident occurred, but that there is at least an approximate balance of positive and negative evidence that the event did occur. Continued on next page 17. Developing Claims for Service Connection for PTSD Based on Personal Trauma, Continued c. Obtaining Information From the Veteran Identifying possible sources of evidence to support the claim may require asking the veteran for information concerning the traumatic incident. Make this request as compassionately as possible in order to avoid causing further trauma. Although personal trauma is most often thought of as involving female veterans, male veterans may also be involved. Be sure requests for evidence/ information reflect the appropriate gender of the veteran. d. Letters to Use to Obtain Information From the Veteran When writing a letter to obtain information from the veteran regarding a claim based on personal trauma, use MAP-D and select the personal assault option from the PTSD special issues screen. Enclose VA Form 21-0781a, Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD) Secondary to Personal Trauma, to solicit details of the claim. Important: Letters used by ROs to solicit details concerning a combat stressful incident are inappropriate for PTSD claims based on personal trauma. e. Obtaining Service Records Review the claim and all attached documents. Request service medical records (SMRs) and the entire personnel folder from the appropriate records custodian, if necessary. Note: Veterans Service Representatives (VSRs) must work closely with Rating Veterans Service Representatives (RVSRs) when developing personal trauma cases. f. Problems Associated With Development Because personal trauma is an extremely personal and sensitive issue · many incidents of personal trauma are not officially reported, and · the victims of this type of in-service trauma may find it difficult to produce evidence to support the occurrence of the stressor. It is often necessary to seek alternative evidence. Reference: For information on alternative sources for information, see M21-1MR, Part IV, Subpart ii, 1.D.17.g. Continued on next page 17. Developing Claims for Service Connection for PTSD Based on Personal Trauma, Continued g. Alternative Sources for Information Service records not normally requested may be needed to develop claims for service connection for PTSD based on personal trauma, including in-service sexual assault. Responses to a request for information may identify alternative sources for information, such as · rape crisis center or center for domestic abuse · counseling facility · health clinic · family members or roommates · faculty members · civilian police reports · medical reports from civilian physicians or caregivers who may have treated the veteran either - immediately following the incident, or - sometime later · chaplain or clergy · fellow service persons, or · personal diaries or journals. h. Obtaining Police Reports Obtain reports, as appropriate, from · military police · shore patrol · a provost marshal’s office, or · other military law enforcement offices. Note: Requests may be submitted via phone, fax, e-mail, or written correspondence, as long as the request is properly documented in the claims folder. mobie16r

This for anyone filing a claim for PTSD As to entitlement to service connection for PTSD, governing criteria specifically requires (i) medical evidence diagnosing PTSD in accordance with 38 C.F.R. § 4.125(a)(2006); (ii) medical evidence establishing a link between current symptoms and an in-service stressor; and (iii) credible supporting evidence that the claimed in- service stressor occurred. 38 C.F.R. § 3.3.04(f). The provisions of 38 C.F.R. § 4.125(a) in turn require that a diagnosis of a mental disorder conform to the American Psychiatric Association's DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS, 4th Edition (1994) (DSM IV). If a veteran did not engage in combat with the enemy, or the claimed stressor is not related to combat, then his lay testimony alone will not be enough to establish the occurrence of the alleged stressor. In such cases, the record must contain service records or other corroborative evidence which substantiates or verifies the veteran's testimony or statements as to the occurrence of the claimed stressors. See Zarycki v. Brown, 6 Vet. App. 91, 98 (1993). In adjudicating a claim for service connection for PTSD, the Board is required to evaluate the supporting evidence in light of the places, types, and circumstances of service, as evidenced by the veteran's military records, and all pertinent medical and lay evidence. 38 U.S.C.A. § 1154(:P (West 2002); 38 C.F.R. § 3.304(f). Mobie16r

I hope this information is helpful (a) General. Clear and unmistakable error is a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error. Generally, either the correct facts as they were known at the time were not before the Board, or the statutory and regulatory provisions extant at the time were incorrectly applied. (:P Record To Be Reviewed. (1) General review for clear and unmistakable error in a prior Board decision must be based on the record and the law that existed when that decision was made. (2) Special Rule For Board Decisions Issued On Or After July 21, 1992. For a Board decision issued on or after July 21, 1992, the record that existed when that decision was made includes relevant documents possessed by the Department of Veterans Affairs (VA) not later than 90 days before such record was transferred to the Board for review in reaching that decision, provided that the documents could reasonably be expected to be part of the record. © Errors That Constitute Clear And Unmistakable Error. To warrant revision of a Board decision on the grounds of clear and unmistakable error, there must have been an error in the Board's adjudication of the appeal which, had it not been made, would have manifestly changed the outcome when it was made. If it is not absolutely clear that a different result would have ensued, the error complained of cannot be clear and unmistakable. (d) Examples Of Situations That Are Not Clear and Unmistakable Error: (1) Changed Diagnosis. A new medical diagnosis that "corrects" an earlier diagnosis considered in a Board decision. (2) Duty To Assist. The Secretary's failure to fulfill the duty to assist. (3) Evaluation Of Evidence. A disagreement as to how the facts were weighed or evaluated. mobie16r

Ruff the way i read it,you submitted a claim for a increase 2/27/08,if so, thats the reason VA retro you back to that date,and your higher evaluation is 100%.Like Phillp said,if you did't do a NOD with than the one year period, it becomes a moot issue.If you decide to do a cue for the EED,remember it have to be base on the evidence that was in front of the rater when you was awarded 50% ptsd,in other words, there was enough evidence in front of the rater, at the time you was awarded 50% to be awarded 100% without submitting any new evidence. mobie

rentalguy1,guy is correct,you can't be service connected for Two mental disabilities and like he said if you are already service connected for depression,just work on a higher rating for depression. mobie

Berta,when ever your claim go to the board of veterans appeals (BVA)you are asigned a docket number,this docket number is to let the board know when each case was received and this is how the the board keeps track ,of where your case are at, in the pipeline.The law reguires the board to decide cases on a "first come,first served" basis.In your case the information that you mailed was added to your claim that you have with the bva.The BVA and the regional o0ffice operate different,the regional office handle's mostly the veteran claim that live in that state but the BVA handle's every state,and BVA have to have a better way to keep up with cases. This is what i find out about Privacy act of 2005: To amend title 5,United States Code,to require that agencies,in promulgating rules,take into consideration the impact of such rules on privacy of individuals,and for other purpose: "This bill never became law".It was introduced June 9 2005 and scheduled for debate September 25 2006.I hope this helps mobie16r

FeWoLf, do you have a Combat Infantryman Badge (CIB)? mobie16r

Thanks everyone for your response but evandc,you gave me the answer i was looking mobie

Will the VAMC pay travel pay if you are schedule for an appointment and not service connected? mobie

A DE NOVO Dro is like going back and starting your claim anew,but you keep the initial date of claim,and it is handle on the local level,just like a getting second chance and if you don't get what you want,you can still appeal ,TO THE BOARD OF VETERANS APPEALS (BVA) in Washington D.C.You don't necessary have to submit new evidence but you can, and that's the good part.I would aways go De Novo Dro. Mobie16r

Chick,you are not 30% unemployable.This is the way it go,for you to be able to get TDIU,you have to be 70% service connected.You are only 70% service connected,but you are ungainful employable because of your 70% service connected disabitlities,and for thst reason,you are being paying at the 100% rate,But you are still 70% and IU. I hope this helps mobie

Congrats again conecuh you had a long road to travel and you made it almost on your own,with the help of "hadit" and some great comrades.Good luck mobie

Sgt,once you get new rating crsc is suppose to pick up on it automatic. mobie

Conecuh congratulation on your victroy.That Vetetran Service Officer at the regional office should have told when the post-Determination team get your claim,the rater have finish it/ mobie

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart A_General Policy in Rating Sec. 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. I hopes this helps mobie

I went from 30% to 100% PT without a C&p.I had C&P Oct 24 2003 and was rated 30% March 29 2004,i file a NOD and ask for a "DRO"i submit a lot of new evidence and ask that my claim be granted from initial date which was June 1 2003,i also attended counseling at the va and went to my Private Clinical Psychologist and i was rated 100% PT Nov 9 2004 and date back to the original date of June 1 2003. mobie

Pete no i don't have proof,what i was talking about if you could have read the c&p health summary notes, and didn't know better, you would thing they had got some Norma Perez email

Hello, everyone,just want to let you know whenever you have a C&P, after you finish take time to go by Release of information, and fillout form 10-5345 so you can get the result of you exam as fast as possible.I am helping a veteran and he is also my friend with his claim.He is 50% service connected for post-traumatic stress disorder and he though he was low balled so we file a reconsideration in October of 2007 and in the mean time he was diagnose with DMII march 2008,so we went ahead and file a claim for that,Ok we live in Alabama where his claim was submit and Montgomery regional office send his claim to Ronoake Va Regional office and they didn,t send all of the evidence that was send to them,so Ronoake send him a letter asking for more evidence and we apply by sending copy's of copy's that we had already send to the Montgomery regional office and in April Ronoake send him a letter requesting a C&P.OK,the C&P was schedule June 2 2008. After C&P we mail a letter to release of information and yesterday the 7 of June five days later we had the full health summary,as you know when you apply for total benefits or unemployability va pull your whole C-file and review it.Lets get to the good part,i said that his claim was send to Ronoake Va and that Ronoake order a c&p,and also we got c&p heatlh summary back in five days,so we review it and i never see so many discrepancy.The C&p was done in Tuskegee Al Vamc,but vamc in Tuskegee review his c-file back from 2002 up to 2008 and they pull out of his c-file everything they could, to get his claim denied in other words they sent to Ronoake exactly what they want to and what they sent is the only thing that Ronoake can go by,seem like Tuskegee got a email from Norma J.Perez vamc Temple Texas.We have copys of all of his treatment records and we are working on them now trying to get them in to Ronoake Va before they decide his claim.I just thought everyone should know about this and how tricky Va is so get your C&p file as soon as you can. I will keep everyone updated mobie

The "DRO" is the way to go it give you a second chance at the local level, and you can submit new evidence in the process, and if you don't agree with the "DRO" you still have the opportunity to let it go to the BVA. mobie

Sorry about that Quint,but you are telling the truth and good luck with IMO,hopes everything works out for you. mobie

Conecuh,my advice to you would be to wait until you get rated before trying to get your c-file,the reason it probably already with the rater, by trying to get c-file now could cause a long delay in getting your claim rated,by looking at your service connected condition,in my opinion, you have your ducks in order, and also i beleive you can get a higher rating for PTSD, and get IU ,so take your shoes off and kick back and wait,something going to happen soon, and i beleive it will all be good. mobie